HomeMy WebLinkAboutPR 15442: MASON CONSTRUCTION COMPLETION OF PUBLIC WATER SYSTEM IMPROVEMENTS AT TOTALMEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations
DATE: Augus[ 17, 2009
SUBJECT: Proposed Resolution No. 15442
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 15442, which accepts the
Engineer's Certificate of Completion, Contractor's Certificate of Guarantee, and Contractor's
Certificate and Release from Mason Construction Ltd., for the completion of public water system
improvements to serve TOTAL -Port Arthur Refinery.
BACKGROUND
TOTAL developed a tract of land located at 39'~ Street and Locust Ave. TOTAL granted the City an
easement for the water system in an accompanying Proposed Resolution. Their contractor, Mason
Construction, Ltd., subsequently performed this work in accordance with City Standards and the
improvements are ready for acceptance by the City.
BUDGET/FISCAL EFFECT
None.
STAFF/EMPLOYEE EFFECT
City staff attended the Final hLSpection of these utilities to verify conformance with City Standards.
SUMMARY
Approval of Proposed Resolution No. 15442 is recommended.
P.R No. 15442
08/17/09 aw
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF AN
ENGINEER'S CERTIFICATE OF COMPLETION FROM
JOEL K NEELY, P.E. OF RICHARD DESIGN SERVICES,
INC. AND CONTRACTOR'S CERTIFICATE AND RELEASE
AND CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM MASON CONSTRUCTION, LTD. FOR THE
COMPLETION OF PUBLIC I1~IPROVEMENTS (PUBLIC
WATER SYSTEM) TO SERVE TOTAL, AND AUTHORIZING
THE CITY MANAGER TO SIGN THE CERTIFICATE OF
ACCEPTANCE ON BEHALF OF THE CITY OF PORT
ARTHUR, TEXAS.
WHEREAS, TOTAL planned and developed a tract of land for the purpose ofproviding fire
protection and domestic water use; and,
WHEREAS, TOTAL granted utility easements for these public improvements; and,
WHEREAS, TOTAL contracted with Mason Construction, Ltd. for construction of the
public water system throughout this development; and,
WHEREAS, the City has received an Engineer's Certificate of Completion dated August 14,
2009 from Joel K Neely, P. E. of Richard Design Services, Inc., certifying that the water system in
the project has been completed according to City Standards, copy attached hereto and made a part
hereof as Exhibit A, together with a Contractor's Certificate and Release (Exhibit B) and a
Contractor's Certificate of Guarantee (Exhibit C) executed by Charles Mason, President of Mason
Construction, Ltd.; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
Section 1. That the City Manager of the City of Port Arthur is hereby authorized to
P.R No. 15442
08/17/09 aw
Page 2
execute on behalf of the City of Port Arthur a Certificate of Acceptance (Exhibit D) for the
completion of the public water and sewer infrastructure.
Section 2. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED THIS day of
2009 at a
Regular Meeting of the City Council of the City of Port Arthut, Texas, by the following vote:
AYES: Mayor
Councilmembers:
NOES:
Deloris Prince
Mayor
ATTEST:
Terri Hanks
City Secretary
APPROVED AS TO FORM:
Mark Sokolow
City Attorney
APPROVED:
Stephen Fitzgibbons
City Manager
Kelly Eldridge ~
Director of Utitity Operations
EXHIBIT A
;-
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K/I
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RICNRRO DESIGN SERVICES, INC.
Richard Design Services, Inc.
1308 Boston Ave., Suite 200
Nederland, Texas 77627
Office: 409-727-3881
Fax: 409-727-3427
Aug. 14ei, 2009
City of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77641-1089
Attn: Mr. Kelly Eldridge.
Re: Fire Water Loop, and Domestic Line for Total Petrochemical's Phase 1 Modular
Mobile Office Trailer Complex,
ENGINEERS CERTIFICATE
Gentlemen:
I, Joel K.Neely, P.E., hereby certify that the Fire Water Loop, and Domestic Line for Total Petrochemicals
Phase 1 Modulaz Mobile Office Trailer Complex, was constructed in general conformance with the
approved plans and specifications. The pressure test and bacteria testing was done and or witnessed by your
Mr. Warren Guidry. All tests passed. We request that the infrastructure be accepted by the City of Port
Arthur. Should you have any questions, please call.
Respectfully submitted,
q ~ ~ ~~
Joel K. Neely, P.E.
Design Engineer ~
ineely(uu~richarddesienservices com y
c.
Mr. Ross Blacldcetter, P.E.
JQEL K. NEELY
67452
~- ~~lt~'1
~'I~ESS~7RE TEST
Connpan~ Ptia~ne: TOTAL
Address: 39TH ST & LOCUST AVI;/
Date: 0712$109
Pipe Size: 8" C-900 PVC
Pressure Reading: PSI u5~
Meter Reading: 3737.051
Time: 13:00 P.M.
Two Hours
Pressure Readiug: PSI ~ G ~,
Meter Reading: 3737.082
Time: 16:00 P.M.
Flush Line
Sample
Good:
Bad:
Date• 43 ' ~ ~'Z.U L~ ~{ Signature: ~~ ~~ ~lL~
C-rY of rO-r-' n-rrnul(
CHAIN-OF-CU5"IOUY
WATER P[1RTF7CATTnN Pi,ANT
Company: Tf1TA7. PF.TR(1C'HF.M T(`AT.
Address: 7600 32nd STREET
I'.O. l{O\ 11189 furl iArlhur, "f)i 77641-11189
11111 ILU. dills lilctl 1'orl :~rlhur, I'X 7764(1
SI(e: 79"iA i.ll('rIRT 2 T.AriRET, Diu Tlh~cr ___S AMJJ$T, __
Sample
Nn. Sample
Lucniion ILiic
(~allci~rt~d liinc
~ u0atcd ti;nnplr r, pc
~ ~~~~~.i Cpo~cil Uiw Gish ll~nq~ l~~mi,iiun
tiiic l'I?
Kcsidir,il :\n;ih si.
KcyucsicJ
3938 r.ocust 7/29/0 11:03 X X Total Coliforttl
1
393A Locust
7/30/0
11:13
x
X
3,p __
Total (oliform
Relinyuislied by:
Trtc/Tin
Rccci~t•d hc:
bile/Tim
Relinquished by: Ualei'I ime______,________ Itecri~ccl hc: Uuld lime
Received Cor Laboratory by: Samuel _Ualc/I imc 7/_310.9..-.---------.._~\nalvsl tiignaunc_~~ ~k ~~iti+..esU
Test Resuhs'Cotal Coliform:_ Not Found - SamolP Good
EXHIBIT B
TOTAL
Port Arthur Refinery
August 11, 2009
Mr. Kelly Eldridge
Water Utilities Department
City of Port Arthur
P. O. Box 1089
Port Arthur, Texas 77641
Subject: Fire Water and Domestic Line for TOTAL office setting
at 39th street and Locust
Dear Mr. Eldridge:
Please find enclosed an Engineers Certificate, which includes a Contractor's
Certificate and Release document, and a Contractor's Certificate of Guarantee
regarding the construction of a public water line that we would like the City of Port
Arthur to accept.
Should you have any questions, please contact me at 409-963-6050 or by email to
Tom.Henrvna.total.com .
Sincerely,
Tom Henry
Manager, Finance & Business Systems
THE/bw: jln
Attach: (3)
cc: File (1)
TOTAL
P. O. Box 849, Part Arthur, TX 77641-0849
Hvry 366 & 32n° Street, Port Arthur, TX 77642
Tel_ 409.963 fi800 -Fax: 409.962.8870
TOTAL
MASON CONSTRUCTION, LTD .
INDUSTRIAL AND CIVIL CONTRACTORS
6285 WALDEN ROAD, BEAUMONT, TX 7 7 70 7-5 599
P.O. Box 20057, BEAUMONT, Tx 7 7 7 20-005 7
PHONE (409)842-4455 FAX (409)842-4586 MAIL@MASONCONSTRUCTION.NET
August 10, 2009
City of Port Arthur
444 4`h Street
Port Arthur, Texas
Reference: Release of Lien and One Year Warranty
To whom it may concern:
Please find the Release of Lien and One Year Warranty for the New Water
Line installed for Total in the Fairlea Addition, Port Arthur, Texas.
Regards,
o~Voan
Mason Construction, Ltd.
BUILDING ON A FOUNDATION OF INTEGRITY - SINCE IJ39
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: Mason Construction Ltd.
(Name of Contractor)
TO: City of Port Arthur
( Local Public Agent)
REFERENCE CONTRACT NO. NIA ENTERED INTO THE
DAY OF
BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND Mason Construction Ltd.
(Name of Company)
OF Beaumont Texas
(CITY) (STATE)
FOR THE New Water Line installed for TOTAL in the Fairlea Addition
(Name of Operations)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
The undersigned hereby certifies that there is due from and payable by the Local
Public Agency to the Contractor under the contract and duly approved Change
Orders and modifications the balance of $0.00
2. The undersigned further certifies that in addition to the amount set forth in
paragraph 1, there are outstanding and unsettled the following items which he
claims are just and due and owing by the City to the Contractor;
(b)
(c)
Page 1 of 3
(d) IVlH
(Itemize claims and amounts due) (if none, so state)
3. The undersigned further certifies that all work required underthis contract including
work required under change orders numbered 0 has been performed in
accordance with the terms thereof, and that there are no unpaid claims for
materials, supplies or equipment and no claims of laborers or mechanics for unpaid
wages arising out of the performance of this contract, and that the wage rates paid
by the Contractor and all Subcontractors were in conformity with the contract
provisions relating to said wage rates.
4. Except for the amounts stated under paragraphs 1 and 2 hereof, the undersigned
has received from the City of Port Arthur all sums of money payable to the
undersigned under or pursuant to the above mentioned contract or any modification
or change thereof.
5. That in consideration of the payment of the amount stated in paragraph 1 hereof the
undersigned does hereby release the City of Port Arthur from any and all claims
arising under or by virtue of this contract, except the amount listed in paragraph 2
hereof; provided, however, that if for any reason the City of Port Arthur does not pay
in full the amount stated in paragraph 1 hereof, said deduction shall not affect the
validity of this release, but the amount so deducted shall be automatically included
under paragraph 2 as an amount which the Contractor has not released but will
release upon payment thereof. The Contractor further certifies that upon the
payment of the amount listed in paragraph 2 hereof, and of any amount which may
be deducted from paragraph 1 hereof, he will release the City of Port Arthur from
any and all claims of any nature whatsoever arising out of said contract or
modification thereof, and will execute such further releases or assurances as the
City of Port Arthur may request.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
this I"l~ day of _~tt US-E , 2~~ y_~
/'~f}~ ~„isf.~.~c rio/ Grh . (SEAL)
(Contractor)
~i""~~~~ Pirv3~T
(Signature and Title of Officer)
('yL~y(,~S t(Yll~~-Jr. -being first duly sworn on oath, deposes and says,
Page 2 of 3
(Affiant)
first that he is the ~.~Lr~ I~reS>dt~~-" of the
(Title)
MQSOri C,6Y1S'f1"t.LC~lbl'l~ )~
(Name of Company)
second, that he has read the foregoing certificate by him subscribed as
(Name
Affiant further states that the matters and things stated herein are true.
(Affiant)
Subscribed and sworn to before me this ~~~ day of ~~~
~~4 .
My commission expires
I l - I b - OG (Date)
(Notary)
~z~''f ~ HALLIE SHORT
NOTARY PUBLIC
` ~ ` STATE OF TEXAS
m. ~ MY COMM. EXP. 1717 fil09
~~OF
Page 3 of 3
(~`f rL~G~6Y5 (,Q' .r~~'icuf2 ~ Vl~ ~e ~tCtSe of the
Taal -\
EXHIBIT C
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: Mason Construction, Ltd.
(Name of Contractor)
TO: City of Port Arthur
(focal Public Agent)
REFERENCE CONTRACT NO. N/A ENTERED INTO THE
DAY OF ,BETWEEN THE
CITY OF PORT ARTHUR OF JEFFERSON COUNTY, TEXAS
AND Mason Construction, Ltd.
OF Beaumont Texas
(CITY) (STATE)
FOR THE New Water Line installed for TOTAL in the Fairlea Addition,
(Name of Operations)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS:
KNOW ALL MEN BY THESE PRESENTS:
Mason Construction, Ltd. does hereby guarantee all of the work done under the
above referenced contract to be free from faulty materials in every particular, and
free from improper workmanship, and against injury from proper and usual wear;
and agrees to replace or re-execute without cost to the Owner such work as maybe
found to be improper or imperfect, and to make good all damage caused to other
work or materials, due to such required replacement or re-execution.
2. This guarantee shall cover a period of one (1) year from the date of acceptance of
all work under this Contract, as evidenced by the ACCEPTANCE OF THE
IMPROVEMENTS BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR.
3. This Certificate is given in connection of the final payment under the contract
between the City of Port Arthur and NIA and with the knowledge that it will be
relied upon in making such payment and that such payment would not be made
except upon the truth of the matter contained in this affidavit.
Page 1 of 2
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
this l~~'' day of ~1,~ , 200`i
/'l~.vs~.wdF;.~, ~ Lr~ - (SEAL)
(~~~~~.e ~fin~vr
~~6611
(Signature and Title of Officer)
(~,r (1t5 1'1'1.Q.5~'L Tr . ,being first duly sworn on oath, deposes and says,
(Affiant)
first, that he is the ~~e 5~1t~~-'t-f of the
(Title)
of Company)
second, that he has read the foregoing certificate by him subscribed as
C6Y~'h'UG-l-bl~ S CU-~t~iCC~-F-crv~ ~ l,caf u-+'1-f~ C of the
(Title) _ _ _
of Company)
Affiant further states that the matters and things stated herein are true.
(Affiant) Subscribed and sworn to before me this ~ day of ~~1uS+'
2004
My commission expires ll-l(o-O`t
(Date)
.~aa..~~~~-nom
(Notary)
.~~'"""~ w~LUesHORr
NOTARY PUBLIC
~ * STATE OF TEXAS
a?q~~ MY COMM. D(P.11/16109
Page 2 of 2
EXHIBIT D
CERTIFICATE OFACCEPTANCE
FOR
Construction of the Public Water System
to Serve TOTAL
IN THE
CITY OF PORT ARTHUR
TO: Mason Inc. & TOTAL Inc.
Gentlemen:
This is to certify that the City of Port Arthur, Texas, accepts the completion of the public water
system for the above development on the basis of the Engineer's Certificate of Completion, the
Contractor's Certificate of Guarantee, and the Contractor's Certificate and Release, executed
by
Stephen Fitzgibbons
City Manager
ATTEST:
Terri Hanks
City Secretary